Werger v. Haines Corp.

Defendants appeal from an order and judgment which granted plaintiffs’ moti.on to strike out defenses of usury, and awarded summary judgment to plaintiffs on promissory notes, secured by chattel mortgage on which they are maker and indorsers. Many of the evi*1109dentiary facts requiring, as it seems to us, a denial of plaintiffs’ motion for summary judgment, appear from the answer itself. Although it is the function of an answer to allege ultimate rather than evidentiary facts, for which reason the answer alone is not ordinarily sufficient to defeat such a motion as this (Hardy v. Ziegenbalg, 230…